Brooklyn Cooperage Company v. . the A. Sherman Lumber Co.
New York Court of Appeals
Appeal, by permission, from mi order of the Appellate Division of the Supreme Court in the third judicial department entered December 20,1916, which reversed an order of Special Term denying a motion by the respondent herein for leave to intervene and to be brought in as a party defendant in this action and granted said motion.
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Appeal, by permission, from mi order of the Appellate Division of the Supreme Court in the third judicial department entered December 20,1916, which reversed an order of Special Term denying a motion by the respondent herein for leave to intervene and to be brought in as a party defendant in this action and granted said motion. The following question was certified: “Has Eva S. Clark, as executrix of the last will and testament of Pliny J. Clark, deceased, such interest in the subject of this action as to entitle her to be made a party defendant in this action on her own application ? ”
1Per curiam
This is an action for trespass. The complaint demands judgment for a sum of money only. Plaintiff and defendant both claim title to the lands. The defendant claims to have acquired the title of respondent’s testator with covenants of warranty, and quiet enjoyment. Respondent has been notified to defend the action.
In an action at law where the plaintiff seeks a money judgment only, he cannot be compelled under section 452 of the Code of Civil Procedure to bring in as a defendant a third party on the application of the latter. (Bauer v. Dewey, 166 N. Y. 402; Garrigues Co. v. Casualty Co. of…
2Cases cited2 opinions
- Bauer v. . DeweyNew York Court of Appeals · 1901
- Charles F. Garrigues Company v. . Casualty Company of Am.New York Court of Appeals · 1917
3Cited by9 opinions
- Fedden v. Brooklyn Eastern District TerminalAppellate Division of the Supreme Court of the State of New York · 1923
- Bulova v. E. L. Barnett, Inc.Appellate Division of the Supreme Court of the State of New York · 1920
- Federal Motorship Corp. v. Johnson & HigginsNew York Supreme Court · 1948
- Town of Irondequoit v. County of MonroeNew York Supreme Court · 1939
- Ladue v. Goodhead, New York County Courts1943
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